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(영문) 수원지방법원 2016.09.28 2016고단4082
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 11, 2009, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violating the Road Traffic Act at the Suwon District Court's House on May 11, 2009, and a fine of 2 million won as a crime of violating the Road Traffic Act at the Suwon District Court's House on August 14, 2009, and on August 19, 201, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act.

[Criminal facts]

1. On June 18, 2016, the Defendant was under the influence of alcohol at around 20:40, the Defendant driven a DNA vehicle from the front side of a restaurant in the name of the “nannan River House” located in the wife population, Kim Quantity-dong, which is, in the state of alcohol at around 0:235% of alcohol during blood, to the parking lot in the same Gu, from the front side of a restaurant in the location of the wife population, Kim Quantity-dong to around 78 km-ro, in the same Gu, from around 2 km-ro, to the parking lot in the Skin Station.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance at the above time and place, operated the said D low-priced vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. Inquiry into mandatory insurance;

1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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